Consent to Treatment

Course Description: The Professional Liability Program provides malpractice protection and risk management advice to Ontario dentists. This interactive session on consent to health care treatment will be presented by two PLP professional staff members, including at least one lawyer. It will include an introduction to PLP and its services, followed by a discussion of the principles of consent to treatment, the law of informed consent and documenting consent.

Learning Objectives: Participants in this course are expected to learn about:

  • The services offered by PLP.
  • The law of consent to treatment in Ontario, including:
    • Patient's rights to accept or reject treatment.
    • Battery versus negligence.
    • Emergency treatment.
    • The elements of consent.
    • Express versus implied consent.
    • Capacity to consent to treatment.
    • Incapable adults and mature minors.
    • Advance directives and substitute decision-making for incapable patients.
  • The law of informed consent, including:
    • The duty to disclose risks of treatment.
    • Regulatory versus common law standards of disclosure.
    • Causation. 
  • Documenting consent.